Shivkumar Jaiswal v. State of U.P.
Case brief
What is this about?
The Allahabad High Court granted bail to an applicant charged with cheating and illicit liquor transport. The applicant, a truck driver, claimed lack of knowledge about illicit contents. The court was satisfied prima facie and released him on personal and surety bonds.
What did the court decide?
The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22877 of 2021
Applicant :- Shivkumar Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Romeshwari Prasad,Devendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Romeshwari Prasad, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 45 of 2021, under Sections 420 I.P.C., and Section 63 of Excise Act, P.S. Mant, District Mathura, is seeking enlargement on bail.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. As per the FIR, at the time of the incident, the applicant was the driver of the truck who was found carrying 2400 bottles of 750ml, 1200 bottles of 375ml, 14,400 bottles of 180ml of illicit liquor by the name of 'Blue Stroke Reserve Whiskey' for sale in Arunachal Pradesh. It is further submitted that the applicant is simply a driver and the owner of the truck is one Kishore Sadashiv Bangar. It is also submitted that the truck was handed over to the applicant for transportation and was sealed as a result thereof the applicant was not aware of the contents of the truck. It is next submitted that the offence is triable by Magistrate. Applicant is of no criminal antecedents as stated in paragraph no. 24 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 20.3.2021. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant charged under Sections 420 IPC and Section 63 Excise Act.
Parties & counsel
- applicant
Shivkumar Jaiswal
Coram
Rajiv Joshi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/22877/2021
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